KUTTAPPAN ALIAS PRADEEP Vs. STATE

JUDGEMENT

(1.) THIS criminal Appeal is filed against the judgement dated 1.4.2002 passed in SC. No. 39/2001 by the learned Sessions Judge, Udhagamandalam, convicting and sentencing the Appellant for the offence under Section 354 of IPC to undergo one year Rigorous Imprisonment and to pay a fine of Rs. 1000/- in default to undergo Simple Imprisonment for 3 months and acquitting him from the charges under Section 3(1) (xi) of the SC/ST (Prevention of Atrocities) Act, 1989.

(2.) THE case of the prosecution is as follows:- a. PW. 1 Madhan is the husband of the victim PW. 2 Narayani. On 8.1.2000 at about 12.00 hours, when the victim was returning along with her friend PW. 4 Thangamni from Kozhikoli to Mundakkunnu on a shortcut route, the Appellant/accused outraged her by pulling her hands and threatened her not to tell it to any body. THEreafter, the victim came to her house and PW. 1 on seeing the victim crying enquired her and the victim explained the said occurrence. PW. 1 told about the said occurrence to the Villages Nataraj and veeraiha and also to the Panchayat President. THEreafter, PW. 1 along with the Villagers went to the Devala Police Station and gave the complaint Ex. P1. b. on receipt of Ex. P1, PW. 6 the Sub Inspector of Police attached to the said Police station, registered a case in Cr. No. 2/2000 under sections 354 and 506 (ii) of IPC and prepared Ex. P4 printed FIR and took up the case for investigation and went to the place of occurrence and prepared observation mahazar Ex. P3 and a rough sketch Ex.P5 in the presence of the witnesses Natarajan and Veeraiah and sent Ex. P6 requisition to PW. 3 District Backward Classes Officer. On receipt of Ex. P6, PW. 3 he gave community certificate Ex. P2 that PW.1 and the victim belonged to the SC/ST community and the accused belong to OC community. PW. 6 after enquiring the accused and considering the community of the victim and the Appellant, altered the case into one under Section 354 of IPC and 3(1) (xi) of the SC/ST (POA) Act and prepared Ex. P6 FIR alteration report and sent the same to PW. 7 the Deputy Superintendent of Police. On 19.1.2000 PW. 6 arrested the accused at Puliamparai and sent him for judicial custody. PW. 7 sent the case file to PW. 8 for further investigation and PW. 8 after completing investigation filed a final report against the accused under Sections 354 of IPC and 3(1) (xi) of the SC/ST (POA) Act.

(3.) THE court below, after hearing the arguments advanced on either side and looking into the materials available, found the accused/appellant guilty and awarded punishments as referred to above, which is challenged in this criminal Appeal.